2006 Louisiana Laws - RS 28:451.3 — Administration of the provisions of this chapter; regional advisory committees; state advisory committee; responsibilities of human services authorities and districts

§451.3.  Administration of the provisions of this Chapter; regional advisory committees; state advisory committee; responsibilities of human services authorities and districts

A.  The provisions of this Chapter shall be administered and coordinated by the office according to regulations promulgated by the office in accordance with the Administrative Procedure Act with input from state and regional advisory committees.  These rules shall be applicable to all public and private providers of developmental disabilities services.  The office, through regional offices and human services authorities and districts, shall serve as the single point of entry into the system.

B.  The assistant secretary of the office for citizens with developmental disabilities shall be the administrative head of the office and shall be fully responsible for the administration of the office, its administrative units, and the establishment of all programmatic policies for services and supports for persons with developmental disabilities and their families delivered under the auspices of the department.

C.  The human services authorities and districts authorized by state law shall be responsible for meeting the requirements assigned to the office by this Chapter for regional developmental disabilities services delivery, development, and implementation in the area of their geographic assignment.

D.  The office shall establish regional advisory committees.

(1)  These advisory committees shall perform the following:

(a)  Provide public input into the regional planning process and comment on regulations proposed by the office.

(b)  Receive timely information on the budget of the office, in addition to information on implementation of all services and quality assurance reports by the office and advise the regional offices and human services authorities and districts.

(c)  Collaborate with the regional offices and human services authorities and districts to develop outreach plans for each region.  Such outreach plans shall provide for public dissemination of information regarding developmental disabilities and the services available through the regional offices and human services authorities and districts.

(2)  These advisory committees shall be composed of a minimum of twelve members who represent positions and philosophies held by various groups and advocates for persons with developmental disabilities and shall include, but not be limited to:

(a)  Persons with developmental disabilities.

(b)  Parents and family members representing a cross section of developmental disabilities services.

(c)  Private providers.

(d)  Representatives of advocacy organizations and community stakeholders representing a cross section of developmental disabilities services.

(e)  Public providers and administrators of regional administrative units and human services authorities and districts may be appointed as ad hoc, non-voting members of regional advisory committees.

E.  The regional authority, organized as either a regional office or a human services authority or district shall discharge the following duties:

(1)  Appoint the committee members from names submitted by consumer, provider, and advocacy groups, with the approval of the assistant secretary, who shall ensure that committee composition is in compliance with the state law.

(2)  Sixty percent of the membership shall be composed of persons with developmental disabilities and parents and family members representing a cross section of developmental disabilities services.

F.(1)  The office shall establish a state advisory committee which shall be organized as follows:

(a)  Provide public input to the office regarding proposed regulations and the development of state planning and budget.

(b)  The state advisory committee shall consist of at least two people from each region, authority, or district.

(c)  Sixty percent of the membership shall be comprised of persons with developmental disabilities and parents and family members representing a cross section of developmental disabilities services.

(2)  The state advisory committee shall include at a minimum, but not be limited to the following:

(a)  Persons with developmental disabilities.

(b)  Parents and family members representing persons who receive a cross section of developmental disabilities services.

(c)  Private providers.

(d)  A representative of the American Federation of State, County, and Municipal Employees Council #17.

(e) Representatives of advocacy organizations representing a cross section of developmental disabilities services.

(f)  Public providers and administrators of regional administrative units and human services authorities and districts may be appointed as ad hoc, non-voting members of the state advisory committee.

(3)  The assistant secretary shall appoint the committee members, with the approval of the secretary of the department, from names submitted by the regional advisory committees.

(4)  The state advisory committee shall coordinate with all regional advisory committees and shall use data provided by the regional advisory committees in the deliberations of the committee.

G.  The regulations promulgated by the office pursuant to this Section shall:

(1)  Promote coordination among the office, human services authorities and districts, and state and regional advisory committees.

(2)  Promote responsiveness by the office to input from persons who receive developmental disabilities services and family members and providers regarding the delivery of services.

H.  The department shall promulgate rules and regulations for the assessment of charges in accordance with the ability to pay and in accordance with applicable state or federal law and the following:

(1)  It is not the intent of this Chapter that developmental disabilities services be provided at no cost to persons who are financially able to pay for these costs, in whole or in part.

(2)  The person shall pay, in whole or in part, the costs of the developmental disabilities supports and services for which the person may be liable under provisions of this Chapter.

Acts 2005, No. 128, §1, eff. June 22, 2005.

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